Masters v. Dunn
Mississippi Supreme Court
IN error from the Circuit Court of Oktibbeha county. Hon. Reuben Davis presiding as special judge. The facts are fully set out in the opinion of the court. It is very clear that the action was barred, and that the absolute title was with the possession. Archer T. Dunn was of full age in 1844, and Josiah B. Dunn arrived at majority more than three years next before the commencement of this suit.
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IN error from the Circuit Court of Oktibbeha county. Hon. Reuben Davis presiding as special judge. The facts are fully set out in the opinion of the court. It is very clear that the action was barred, and that the absolute title was with the possession. Archer T. Dunn was of full age in 1844, and Josiah B. Dunn arrived at majority more than three years next before the commencement of this suit. Our Statute of Limitations commenced running when the property was brought here in 1845, and not until then. The moment Masters came with the negro to this state, our statute acted upon the facts as…
1Opinion of the CourtSmith, C. J.
*268This was an action of detinue, brought by the defendants in error, to recover a slave, which they claimed as a legacy under the will of Archer Burton, deceased, wdio died in the State of Alabama, in 1832.
No question is raised in reference to the title of the plaintiffs in error, derived under the will. But the plaintiffs in error having pleaded and insisted upon the Statute of Limitations in the Circuit Court, contend here, that the said statute barred the action ; and hence claim a reversal of the judgment.
The cause was submitted to the jury, upon an agreed state of facts. From these it…
2Cases cited2 opinions
- Marsteller and Others v. McCleanSupreme Court of the United States · 1812
- Jones v. HenryCourt of Appeals of Kentucky · 1823
3Cited by3 opinions
- Anding v. DavisMississippi Supreme Court · 1860
- Root v. McFerrinMississippi Supreme Court · 1859
- Tippin v. ColemanMississippi Supreme Court · 1882